What is Nature and Extent of Disability Under the Defense Base Act? A Case Study

Posted: July 28, 2012 in Uncategorized

“If you are a seriously injured Defense Base Act Worker – you need to know the facts of life. We give it too you straight. No sugar added. Just good old fashioned, unsweetened truth.” America’s Leading DBA Attorney – Bill Turley

 

DBA Attorney Bill Turley - Defense Base Act Nature and Extent of Disability

Leading DBA Attorney Bill Turley

 

Defense Base Act – Nature and Extent of Disability: Scheduled Injuries

Categories Of Disabilities Under the DBA

Under the Defense Base Act, there are four different categories of disabilities: permanent total disability; temporary total disability; permanent partial disability; and temporary partial disability.

Nature of Disability vs. Extent of Disability

Importantly, there are two independent areas of analysis: nature (or duration) of disability and degree of disability. Temporary and permanent go to the nature of the disability. Total and partial go to the degree (read: extent) of the disability.

Scheduled Injuries

In regards to degree or extent of disability, the Defense Base Act is predicated on what part of your body was injured. There are Scheduled Injuries: leg, arm, hand, foot, hearing loss injuries. For these body parts, your disability award is based upon a schedule. Meaning, using the AMA Guides to the Evaluation of Permanent Impairment, your award will be based upon your percentage of disability for your affected body part.

For Unscheduled Disabilities, be sure to check out our articles about Nature and Extent of Disability relating to Unscheduled injuries (back, neck, spine, shoulder, head, psych, internal injuries).

Case Example: A Serious Leg Injury

In this case study, we will assume you are a DBA worker that suffered a serious leg injury in Afghanistan. In this example, you have an Average Weekly Wage of $1,525.58. Your doctor uses the AMA Guides to determine you have a 24% impairment of the lower extremity.

First, you start with the total number of weeks for a lower extremity: 288 weeks.

288 weeks x 54% = 155.2 weeks

Second, determine your Compensation Rate by multiplying your Average Weekly Wage by 2/3′s.

$1,525.58 x 2/3 = $1,017.05

Third, multiple the number of weeks times your compensation rate.

$1,017.05 x 155.2 weeks = $158,171.61

Thus, under these facts, your permanent disability award will be $158,171.61.  This is the extent of your permanent disability.

Don’t Leave Money On The Table

Under this case study, your DBA claim has more “value” than $158, 171.61. You may also be entitled to past temporary total disability compensation. In addition, your Average Weekly Wage may also be able to be raised. It depends.

Finally, your claim also has considerable value in regards to future medical treatment.

 

Questions?

Call 619-234-2833 or toll free at 866-963-0540

 

America’s Leading Defense Base Act  Attorney

     Awarded Super Lawyer 2011 and 2012

     Highest Rated DBA Lawyer      San Francisco Avvo.com Rating    San Diego Avvo.com Rating

     Invited to Speak on the Longshore Act / Defense Base Act at 2011 Maritime Personal Injury Seminar

     New York Times 2011 Top Attorney

     Elected President of the Consumer Attorneys

 

We can help you right now

Call 619-234-2833 or 866-963-0540

 

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